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79R9112 SLO-D
By: West, Royce S.B. No. 1333
A BILL TO BE ENTITLED
AN ACT
relating to transportation to and from a disciplinary alternative
education program or juvenile justice alternative education
program and the length of a school day at a disciplinary alternative
education program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.008, Education Code, is amended by
amending Subsection (c) and adding Subsection (n) to read as
follows:
(c) An off-campus disciplinary alternative education
program is not subject to a requirement imposed by this title, other
than:
(1) a limitation on liability;
(2) [,] a reporting requirement; [,] or
(3) a requirement imposed by:
(A) Section 25.082(a);
(B) this chapter; or
(C) [by] Chapter 39.
(n) A school district shall provide transportation to and
from the district's disciplinary alternative education program for
a student placed in the program.
SECTION 2. Section 37.011, Education Code, is amended by
amending Subsection (k) and adding Subsection (k-1) to read as
follows:
(k) Each school district in a county with a population
greater than 125,000 and the county juvenile board shall annually
enter into a joint memorandum of understanding that:
(1) outlines the responsibilities of the juvenile
board concerning the establishment and operation of a juvenile
justice alternative education program under this section;
(2) defines the amount and conditions on payments from
the school district to the juvenile board for students of the school
district served in the juvenile justice alternative education
program whose placement was not made on the basis of an expulsion
required under Section 37.007(a), (d), or (e);
(3) identifies those categories of conduct that the
school district has defined in its student code of conduct as
constituting serious or persistent misbehavior for which a student
may be placed in the juvenile justice alternative education
program;
(4) identifies and requires a timely placement and
specifies a term of placement for expelled students for whom the
school district has received a notice under Section 52.041(d),
Family Code;
(5) establishes services for the transitioning of
expelled students to the school district prior to the completion of
the student's placement in the juvenile justice alternative
education program;
(6) requires the school district or juvenile board to
provide [establishes a plan that provides] transportation services
to and from the juvenile justice alternative education program for
a student [students] placed in the [juvenile justice alternative
education] program;
(7) establishes the circumstances and conditions
under which a juvenile may be allowed to remain in the juvenile
justice alternative education program setting once the juvenile is
no longer under juvenile court jurisdiction; and
(8) establishes a plan to address special education
services required by law.
(k-1) If the juvenile board of a county with a population of
125,000 or less develops a juvenile justice alternative education
program, each school district in the county and the county juvenile
board shall annually enter into a joint memorandum of understanding
that requires the school district or juvenile board to provide
transportation services to and from the juvenile justice
alternative education program for a student placed in the program.
SECTION 3. This Act applies beginning with the 2005-2006
school year.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.